PARTIES Brotherhood of Maintenance of Way Employees
 TO
 DISPUTE and

STATEMENT Claim of Brotherhood:
 OF
 CLAIM The dismissal of Claimant G. Jean-Marie was in violation of
 the Agreement, and Claimant shall be reinstated without loss
 of compensation, including overtime, and without loss of
 seniority and vacation rights and any other benefits enjoyed
 by Claimant prior to dismissal.
 FINDINGS The Claimant was a trackman with this Carrier with a seniority
 date of August 20, 1986. On July 13, 27, 29, 30 ,and 31, 1987,
 Claimant was absent without permission from his position.
 Prior to said infraction, Claimant had been sent several
 letters regarding his unsatisfactory attendance pattern. AS a
 result, Claimant was charged with and found guilty of
 excessive absenteeism and absenting himself without permission
 when he failed to cover his assignment on the aforementioned
 dates.
 The discipline of dismissal from all service was assessed
 Claimant for his actions in this case. By letter dated
 September 9, 1987, both the Claimant and the Organization were
 notified of the assessed discipline.


The record shows that the Claimant was absent without permission on July 13, 27, 29, 30 and 31. The record further shows that Claimant exhibited a pattern of excessive absenteeism. In his short tenure with this Carrier of approximately one year, the Claimant received three letters of warning and four prior disciplines all regarding his unsatisfactory attendance.


While the Organization has forcibly argued the merits of a violation of Rule 27(a), when the Claimant testified that proper notice was given the Carrier, such argument was not persuasive in light of the Claimant's past record of attendance.


Therefore, given the Claimant's proven inability to modify his unsatisfactory behavior, the discipline assessed in this case was fully warranted. The evidence of record proves that Claimant was consistently and habitually absent, despite repeated warnings by the Carrier. Clearly, the Carrier has the right to sever the employment relationship of such employees.


After complete review and consideration of the record, this Board is compelled to agree with the Carrier's decision that the Claimant's behavior was completely unacceptable and that dismissal was justified.


AWARD: Claim Denied



Carrier Member Employee Member